payingonlyencouragesthem
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Everything posted by payingonlyencouragesthem
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Nothing. CCJ'd debts cannot lawfully be sold. I'd just forget about it unless they have put something on your credit file in which case complain to the FOS.
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Bryan Carter usually plays by the rules and won't go to court if he can see you know the CCA 1974 and Egg have no agreement. If they have no agreement then you are not only wasting that £75 a month but encouraging them to try for more.
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JB Debt recovery / Lowell CCJ
payingonlyencouragesthem replied to starflower81's topic in Debt Collection Agencies
Last payment date, provided there was no interim correspondence admitting the debt (I believe). -
JB Debt recovery / Lowell CCJ
payingonlyencouragesthem replied to starflower81's topic in Debt Collection Agencies
Barclaycard seem to keep records forever so don't be too surprised if an "agreement" does turn up. It'll probably be an application form which isn't enforceable. That debt goes statute barred in 12 months so you'll need to use a bit of resourcefulness to stretch things out. -
Brilliant work getting the idiots off your credit file. I'm just starting a Data Protection sh*t fight to get rid of the RW's and other bottom feeders from my credit file. They are definitely breaking the Data Protection Act in several places eg showing amounts owing that include unlawful charges (ie inaccurate data), processing data without proper authority. Maybe you could report them to the Information Commissioners Office as well as the FOS.
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Two CCJs for same debt-What's going on?
payingonlyencouragesthem replied to kenzo5's topic in Debt Collection Agencies
I'd try your luck at having the second claim struck out on the grounds of the first CCJ plus the existence of the charging order. Ask your local court for the appropriate form and don't forget to quote the original case number and charging order reference. I'm fairly sure dragging you back to court in these circumstances is an abuse of process. They are probably hoping you won't turn up and they will get a judgment forthwith for the whole amount Perhaps someone with a bit of in depth legal knowledge would care to comment...... -
Bankruptcy Order !!! *** WON, TWICE ***
payingonlyencouragesthem replied to 42man's topic in Legal Successes
Great news about the annulment, Bill. You are going to need to heavily emphasize the fact that you believe the debts are heavily loaded with unlawful charges so you should SAR without delay if you haven't done so already. Once the size of the debt is disputed you have a triable issue and full grounds for their petition to be struck out. Just saying that the debt is unenforceable could be risky as some judges don't like it and then you'll have an appeal nightmare to contend with. You should say that you are CCA'ing for the agreements to verify the ownership of the debts rather than trying to see if they are unenforceable. Let the judge work that bit out for himself! -
Statutory Demands Posts/Discussion
payingonlyencouragesthem replied to sequenci's topic in Debt Collection Agencies
Who was the DCA? How was the SD served (post or by hand)? Is this a secured loan? I would try to start a new thread for this if I were you. -
Help with bank account
payingonlyencouragesthem replied to ohdearwhyme's topic in Debt Collection Agencies
You could also get someone you know and trust to open a normal bank account and then add you as a joint a/c holder. I got my Filipina maid to open an account and add me on so I've now got a full suite of mainstream banking facilities. -
You need to CCA them (not SAR) to get the agreement. No agreement = no debt.
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struggling to get mortgage
payingonlyencouragesthem replied to lexii's topic in Mortgages and Secured Loans
Yes it probably is since house prices are declining. Your credit score doesn't make sense - have you checked to see if there is a CCJ in the public records box, or a CIFAS note on it? You could only have a score that low if there was a serious problem. It might also be something on your o/h's credit report that's causing this. -
Rooster, sorry, I was being facetious. I just don't like seeing people being nailed to the floor and having their lives impaired for their past mistakes (such as partnership break ups) by multi billion pound corporations using bogus moral arguments to collect their monopoly profits.
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I fully agree with points b & C. I don't quite understand point a:) EDIT. What part of being honest don't you understand? CAG does not and has never condoned debt avoidance. Sequenci lives by the same standards. Rooster-UK
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:rolleyes:Please tell me you are going to CCA all your debts - even if you want to pay them back it gives you a much stronger negotiating hand.
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100k debts - advice please
payingonlyencouragesthem replied to Scribes's topic in Welcome to the Consumer Forums
Don't waste this money on paying creditors with unenforceable debts - that would be sheer stupidity in your circumstances. Find out which debts are enforceable (my guess is around £10k, provided they were pre-2002) and try to set up token payment schemes with these creditors. Even if the whole lot is enforceable in most cases you will be able to get away with a fiver a month per creditor. -
Overdraft - Can I CCA them?
payingonlyencouragesthem replied to weller711's topic in Debt Collection Agencies
If you dispute the ownership of the debt they won't be able to enforce it without an agreement. I had an overdraft which I disputed because it was run up as a joint account then subsequently put in my sole name. When I challenged the DCA they threw the towel in without even checking what I said. Bottom line: it's worth CCA'ing because if they can't produce an agreement they will probably stop bothering you. -
100k debts - advice please
payingonlyencouragesthem replied to Scribes's topic in Welcome to the Consumer Forums
I vapourised £80k worth of credit card debts / overdrafts by simply asking for copies of the original agreements under CCA 1974. Since the creditors couldn't provide them the debts became nothing more than a nuisance on my credit file as this made them legally unenforceable. If you got these credit facilities prior to 2002 you could almost certainly do the same thing. Many of us here have been where you are now and have lived happily ever after to tell the tale so don't get too depressed:)! -
They will still need an agreement to enforce it even if it wasn't - I'm sure you will find they are BS'ing you because they can't find it. Just tell them you will not discuss any settlement plans until they supply you with copies of the original account opening form and overdraft agreement. Get well soon!
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1st Credit Statutory Demand
payingonlyencouragesthem replied to ps00711's topic in Debt Collection Agencies
How long ago? You should be aware that if you apply for a set aside you are acknowledging service for an SD that hasn't been served effectively thus remedying the service defect. You might subsequently not be able to get it set aside. 2nd class postage is not effective service for an SD. If you sat tight and did nothing and the creditor did petition they really have zero chance of bankrupting you as neither you nor the correct documentation would be present at the hearing. Both courses of action carry their own risk, but I personally would sit tight and do nothing at this point.
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